Resolution 6602 - Laserfiche WebLink

Home Browse Search

CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 lti' O . _ VARIANCE ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance..." The variances to allow development of the Property are in harmony with the zoning code; the requested side street setback variance is generally consistent with the intent of the ordinance. 2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." This statement is true; the requested variances are consistent with the residential goals within the comprehensive plan. 3. 'Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The Applicant's variance requests are residential in nature and may be reasonable in relation to the existing neighborhood and are consistent with the zoning code. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. This statement is true; the size and configuration with three street frontages are unique to the Property and was not created by the Applicants. c. The variance, if granted, will not alter the essential character of the locality." Granting the lot area and lot width variances to allow construction of a new home on the Property will not adversely impact the neighborhood and will maintain the character of the area; the requested side street setback variance to allow a 34 foot side street setback from Heritage lane appears to be consistent with the setbacks for properties to the northeast across Heritage lane. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested consideration based on economic criteria.